SB539: Common Interest Community Board; enforcement jurisdiction.
SENATE BILL NO. 539
Be it enacted by the General Assembly of Virginia:
1. That § 54.1-2349 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-2349. Powers and duties of the Board.
A. The Board shall administer and enforce the provisions of this article. In addition to the provisions of §§ 54.1-201 and 54.1-202, the Board shall:
1. Promulgate regulations necessary to carry out the requirements of this article in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), including the prescription of fees, procedures, and qualifications for the issuance and renewal of common interest community manager licenses. Upon application for license and each renewal thereof, the applicant shall pay a fee established by the Board, which shall be placed to the credit of the Common Interest Community Management Information Fund established pursuant to § 54.1-2354.2;
2. Establish criteria for the licensure of common interest community managers to ensure the appropriate training and educational credentials for the provision of management services to common interest communities. Such criteria may include experiential requirements and shall include designation as an Accredited Association Management Company by the Community Associations Institute. As an additional alternative to such designation, the Board shall have authority, by regulation, to include one of the following: (i) successful completion of another Board-approved training program and certifying examination or (ii) successful completion of a Virginia testing program to determine the quality of the training and educational credentials for and competence of common interest community managers;
3. Establish criteria for the certification of the employees of common interest community managers who have principal responsibility for management services provided to a common interest community or who have supervisory responsibility for employees who participate directly in the provision of management services to a common interest community to ensure the person possesses the character and minimum skills to engage properly in the provision of management services to a common interest community. Such criteria shall include designation as a Certified Manager of Community Associations by the Community Association Managers International Certification Board, designation as an Association Management Specialist by the Community Associations Institute, or designation as a Professional Community Association Manager by the Community Associations Institute. As an additional alternative to such designations, the Board shall have authority, by regulation, to include one of the following: (i) successful completion of another Board-approved training program as developed by the Virginia Association of Realtors or other organization, and certifying examination, or (ii) successful completion of a Virginia testing program to determine the quality of the training and educational credentials for and competence of the employees of common interest community managers who participate directly in the provision of management services to a common interest community. The fee paid to the Board for the issuance of such certificate shall be paid to the Common Interest Community Management Information Fund established pursuant to § 54.1-2354.2;
4. Approve the criteria for accredited common interest community manager training programs;
5. Approve accredited common interest community manager training programs;
6. Establish, by regulation, standards of conduct for common interest community managers and for employees of common interest community managers certified in accordance with the provisions of this article;
7. Establish, by regulation, an education-based certification program for persons who are involved in the business or activity of providing management services for compensation to common interest communities. The Board shall have the authority to approve training courses and instructors in furtherance of the provisions of this article;
8. Issue a certificate of registration to each association that has properly filed in accordance with this chapter; and
9. Develop and publish best practices for the content of declarations consistent with the requirements of the Property Owners' Association Act (§ 55.1-1800 et seq.).
B. 1. The
Board shall have the sole responsibility for the administration of this article
and for the promulgation of regulations to carry out the requirements thereof.
2. The
Board shall also be responsible for the enforcement of this article, provided
that the Real Estate Board shall have the sole responsibility for the
enforcement of this article with respect to a real estate broker, real estate
salesperson, or real estate brokerage firm licensed in accordance with Chapter
21 (§ 54.1-2100 et seq.) who is also licensed as a common interest community
manager.
3. For
purposes of enforcement of this article or the Property Owners' Association Act
(§ 55.1-1800 et seq.), the Virginia Condominium Act (§ 55.1-1900 et seq.), the
Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.), or the Virginia
Real Estate Time-Share Act (§ 55.1-2200 et seq.), any requirement for the
conduct of a hearing shall be satisfied by an informal fact-finding proceeding
convened and conducted pursuant to § 2.2-4019 of the Administrative Process Act
(§ 2.2-4000 et seq.).
C. The Board is authorized to obtain criminal history record information from any state or federal law-enforcement agency relating to an applicant for licensure or certification. Any information so obtained is for the exclusive use of the Board and shall not be released to any other person or agency except in furtherance of the investigation of the applicant or with the authorization of the applicant or upon court order.
D. Notwithstanding the provisions of subsection A of § 54.1-2354.4, the Board may receive a complaint directly from any person aggrieved by an association's failure to deliver a resale certificate or disclosure packet within the time period required under § 55.1-1809, 55.1-1810, 55.1-1811, 55.1-1900, 55.1-1992, or 55.1-2161.